Patna Court August 1999 Judgments
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Ashwani Ojha and ors. Vs. Devendra Nath Ojha and ors.
Court: Patna
Decided on: Aug-25-1999
D.N. Prasad, J. 1. This First Appeal has been filed against the judgment and decree passed by Shri D. Topno, the then Ist Additional Subordinate Judge, Dhanbad in Title Suit No. 8/11 of 1976-78, whereby and whereunder the learned Sub-Judge decreed the suit declaring the 2/3rd share of the plaintiffs in the money described in the Schedule of the plaint.2. The case of the plaintiffs/respondents in brief is that one Lachman Ojha along with one Dwarka Nath Mishra acquired Darpattani right of entire Mouza Asansol and half of mouza Kairakandi. Later on, Dwarkanath Mishra executed deed of release in favour of Lachman Ojha, who became exclusive Darpattandar. Lachman Ojha died leaving behind five sons, namely, Jagat Ojha, Saddananda Ojha, Mahendra Ojha, Bimalanda Ojha and Baglananda Ojha who inherited his Darpattani right. It is further claimed that Lachman Ojha died before Survey Settlement Operation and he died leaving behind them Bimalanand Ojha alone so he used to manage the entire proper...
Satya Narayan Paswan Vs. State of Bihar and ors.
Court: Patna
Decided on: Aug-24-1999
Narayan Roy, J.1. Heard Counsel for the parties.2. By this writ application the petitioner has prayed for issuance of a writ of mandamus commanding upon the respondent No. 4, District Panchayat Raj Officer, Aurangabad, to consider the name of the petitioner for approval of his appointment on the post of Dalpati of Parsa Gram Panchayat as per the decision taken by the Executive Committee of the said Gram Panchayat dated 26-12-1996, treating his date of birth as 2-1-1970.3. Learned Counsel for the petitioner submitted that Executive Committee of the Gram Panchayat vide resolutions dated 26-12-1996 and 28-10-1996, as contained in Annexure-5, selected the petitioner for appointment as Dalpati and the matter was sent to the Black Development Officer, Kutumba, for forwarding the same to the District Panchayat Raj Officer to accord approval in terms of Rule 4 of Bihar Panchayat Village Volunteer Force Rules, 1949 (hereinafter referred to as the Rules) and the Block Development Officer, Kutu...
Mohan Lal Manjhi Vs. Baldeo Raj Khanna and anr.
Court: Patna
Decided on: Aug-24-1999
M.Y. Eqbal, J.1. This appeal, at the instance of the plaintiff/appellant, is directed against the judgment and decree dated 26-7-86 passed by the 2nd Addl. Sub-Judge, Dhanbad in T.A. No. 47/85 whereby the learned Court below has allowed the appeal and reversed the judgment and decree passed by the Munsif, 1st Court, Dhanbad in Title (Eviction) suit No. 44/84 and dismissed the suit filed by the plaintiff for a decree of eviction of the defendant-respondent from the suit premises.2. Short facts of the case are that the plaintiff instituted the aforementioned suit for a decree of the eviction of the defendant on the ground of default in payment of rent and also on the ground of sub-letting. Plaintiffs case is that he (Mohanlal Manjhi) and his brother through Popet Lal Chouhan inducted the defendant in a portion of the suit premises on monthly rent of Rs. 75/-. It is alleged that the defendant had failed and neglected in payment of rent since April 1983 and hence he is liable to be evict...
Ash Mohammad Vs. Jagdish Prasad and anr.
Court: Patna
Decided on: Aug-23-1999
Gurusharan Sharma, J.1. One Ilahi Mian died leaving behind his sons, Yakub Mian and Habib Mian. Yakub Mian had a son of Ash Mohammad. On 23-9-1957 Ilahi Mian executed a registered deed of gift (Ext. 5) in respect of his 1/4th share in holding No. 533, Ward No. 2, situated in Mohalla Chauk Bazar of Siwan town in favour of his said minor grand son, under the guardianship of his father, Yakub Mian.2. One Thakur Prasad was inducted as tenant and was doing business in the said holding.3. Ash Monammad filed Title suit No. 195 of 1973 against Thakur Prasad for eviction under the provisions of Bihar Buildings (Lease, Rent & Eviction) Control Act, 1947 (hereinafter referred to as 'the Act').4. According to plaintiff in 1947, he got l/4th share in suit holding, by virtue of Ext. 5 and thereafter on partition in the year 1968, the entire holding was allotted exclusively to his share. Eviction Suit was filed on the ground of default in payment of rent since June 1970 onward and for personal requ...
Medo Manjhi Vs. State of Bihar
Court: Patna
Decided on: Aug-23-1999
D.P.S. Choudhary and M.L. Visa, JJ.1. The sole appellant has been convicted under Sections 364 and 302/34, I.P.C. and sentenced to seven years rigorous imprisonment and imprisonment for life respectively, by the 7th Addl. Sessions Judge, Munger, vide his order dated 11th January, 1996, in Sessions case No. 383/91.Accused-appellant Medo Manjhi and co-accused Tejo Manjhi were facing trial before the Court below, but subsequently, since Tajo Manjhi absconded, his trial was separated.2. The prosecution case, in brief is that the informant Babulal Manjhi, P.W. 1, in his fardbeyan, Ext. 2, recorded on 21-1-90, at 12 noon by the Officer-Incharge, Dharahra Police Station, district Munger, -stated that on 20/21-1-90, at about 12 in the night, while he was sleeping in his house, appellant Medo Manjhi and accused Tejo Manjhi came to the house and started awakening his son Suresh Manjhi, the deceased. They asked his son to return back the wrist watch, which he had stolen earlier. Suresh Manjhi d...
Rajeshwar Prasad and ors. Vs. State of Bihar
Court: Patna
Decided on: Aug-20-1999
M.L. Visa, J. 1. Both these appeals have been heard together and are being disposed of by this common judgment because they arise out of the same judgment and order dated 5th May, 1993 passed by 9th Additional Sessions Judge, Patna in Sessions Trial No. 310 of 1990 convicting and sentencing Rajeshwar Prasad, the sole appellant in Criminal Appeal No. 310 of 1993 and Nageshwar Prasad alias Nageshwar Pd. Singh, Kaushalia Devi, Ashok Kumar and Ramesh Kumar, the remaining four appellants in Cr. Appeal No. 251 of 1993 to undergo imprisonment for life under Section 302 read with 34 IPC, R. I. for 7 years under Section 304(B) read with Section 34, IPC and R. I. for 7 years under Section 201, IPC. All the appellants have further been found guilty and convicted under Section 498A, IPC but no separate sentence for this offence has been passed. The sentences have, however, been ordered to run concurrently.2. The case of the prosecution, in short, is that ASI R. S. Pandey (PW 13) along with Hawald...
Tata Iron and Steel Company Ltd. Vs. Presiding Officer and ors.
Court: Patna
Decided on: Aug-20-1999
M.Y. Eqbal, J. 1. In this writ application petitioner Tata Iron and Steel Company has prayed for issuance of appropriate writ in the nature of certiorari for quashing the award passed by the Presiding Officer, Industrial Tribunal Ranchi in Reference Case No. 3/1986 deciding the reference in favour of the respondents, the Workmen represented by Tube Company Workers' Union holding that April 1, 1983 is effective date of amalgamation of Indian Tube Company Ltd, with the petitioner.2. It appears that vide notification dated April 30, 1986 by the Labour Employment and Training Department, Government of Bihar the following disputes were referred to the Tribunal for adjudication in exercise of jurisdiction under Section 10(1)(d) of Industrial Disputes Act.3. Consequent upon amalgamation of Indian Tube Company with TISCO to what pay scale, dearness allowance and other benefits the employees are entitled and from which date the same shall be given to them.4. The case of Tube Company Workers' ...
Smt. Urmila Devi Vs. State Bank of India, Tupudana Branch and ors.
Court: Patna
Decided on: Aug-20-1999
M.Y. Eqbal, J.1. This civil revision application, at the instance of the defendant-petitioner, is directed against the order dated 15-2-99 passed by Sub-Judge, IX, Ranchi in Money Suit No. 40/84 whereby the petition filed by the plaintiff/opposite party No. 1 seeking amendment in the plaint has been allowed and the Money Suit has been ordered to be converted into a Mortgage suit.2. The relevant facts of the case for consideration of the matter are as follows:The plaintiff, State Bank of India, instituted the aforementioned suit against the petitioner-defendant and also other defendants (Opp. parties 2 and 3) for a decree for recovery of a sum of Rs. 9,42,450.97 paise together with pendente lite and future interest. It is stated that the petitioners were allowed various financial assistance by way of cash credit facility and term loan for running the business. In order to satisfy re-payment of loan facility given, the defendants-petitioners and other opposite parties executed various ...
Biswadev Roy @ Biswadev Mahadev Prasad Roy Vs. Sucharita Roy @ Suchari ...
Court: Patna
Decided on: Aug-20-1999
M.Y. Eqbal, J.1. This civil revision is directed against the order dated 8-7-1999 passed by 5th Additional Judicial Commissioner, Ranchi in Matrimonial Title Suit No. 59 of 1996, whereby he has rejected the application filed by the petitioner to pass necessary orders and to proceed with the hearing of the suit without waiting for the reconciliation.2. The facts of the case lie in a narrow compass. The plaintiff-petitioner filed Matrimonial Title Suit No. 310 of 1995 in the Court of District Judge, Alipore, 24 Parganas, West Bengal, which was, on the application of the defendant-opposite party before the Hon'ble Supreme Court of India, transferred to the Court of Judicial Commissioner, Ranchi, by order dated 8th April, 1996 passed in Transfer Petition (C) No. 598 of 1995. The said Matrimonial Suit was renumbered and registered as Matrimonial Title Suit No. 59 of 1996 in the Court of Judicial Commissioner, Ranchi and was subsequently transferred to the Court of 5th Additional Judicial ...
State Bank of India and ors. Vs. Surendra Mishra
Court: Patna
Decided on: Aug-19-1999
B.P. Singh and I.P. Singh, JJ. 1. Heard counsel for the parties.2. The respondent claimed to be a confirmed employee of the Bank, but that claim was resisted by the Bank which ultimately led to an industrial dispute in which an award was made in favour of the respondent declaring him to be a confirmed employee of the Bank from Feburary 13, 1970. The award of the Tribunal did not bring to rest the controversy. This award was challenged by the Bank in a writ petition, but the writ petition was also dismissed by order dated January 10, 1996. In the year 1995 the respondent made his contribution to the Provident Fund account for the period from 1970 till the date of deposit. The respondent demanded, inter alia, that the Bank should also deposit its contribution in the Provident Fund account and also pay the interest to the respondent which would have normally accrued to his credit, had he been allowed to deposit the amount in the Provident Fund account. The claim for interest was confine...
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